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If Xplore provides you with either a replacement or refund or if you reject the
goods, you immediately transfer ownership in the original Motion by Xplore
product or part to Xplore. Any such resolution by Xplore of a claim under this
Warranty by you does not otherwise detract from any other statutory rights
which you might have in the circumstances, including your right to monetary
compensation for a valid claim. If, following receipt of a claim under this War-
ranty, Xplore or its agent determine that your claim in respect of a Motion by
Xplore product is invalid, Xplore may charge you for any labour, parts or trans-
port costs incurred by Xplore or its agent in assessing your claim.
Software and data
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE DATA STORED ON
YOUR HARD DRIVE OR OTHER STORAGE DEVICES AS A PRECAUTION AGAINST
POSSIBLE FAILURES, ALTERATION, OR LOSS OF THE DATA. BEFORE RETURNING
ANY UNIT FOR SERVICE, BE SURE TO BACK UP DATA AND REMOVE ANY CONFI-
DENTIAL, PROPRIETARY, OR PERSONAL INFORMATION. THIS LIMITED WAR-
RANTY DOES NOT EXTEND TO DAMAGE TO, LOSS OF, OR DISCLOSURE OF ANY
PROGRAMS, DATA, OR REMOVABLE STORAGE MEDIA, OR THE RESTORATION
OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE
INSTALLED BY XPLORE WHEN THE PRODUCT IS MANUFACTURED.
Warranty exclusions
This section identifies what is excluded under this Warranty. For the avoid-
ance of any doubt, any and all warranties or conditions which are not guaran-
teed under Mandatory Laws and which are not expressly included in this
Warranty as additional warranties or conditions are excluded. This Warranty
does not warrant uninterrupted or error-free operation of the Motion by
Xplore product, which is affected by system configuration, software, applica-
tions, your data and operator control of the system, among other factors.
Though the Motion by Xplore product is considered to be compatible with
many systems, it is your responsibility to determine compatibility and integra-
tion with other products or systems.
This Warranty does not apply to non-Motion by Xplore hardware products or
non-Xplore software products which are not incorporated into Motion by
Xplore products or, in the case of software, pre-loaded onto the Motion by
Xplore product at the time of sale, even if packaged or sold with Xplore hard-
ware.
This warranty does not cover:
• any Motion by Xplore product from which the serial number has been
removed or altered;
• normal wear and tear, natural performance degradation (e.g. reduced
battery life), or service costs in replacing and maintaining expend-
able/ consumable parts which have ceased working through normal
wear and tear;
• cosmetic damage such as to the exterior finish;
• minor imperfections within design specification that do not materially
alter functionality;
• damage or non-functionality that results from (i) failure to follow the
instructions that came with the product; (ii) accident, misuse, abuse,
or other external causes; (iii) operation outside the usage parameters
stated in the then current user documentation for the product; or (iv)
use of parts not manufactured or sold by Xplore
• damage or non-functionality due to modifications or service by any-
one other than (i) Xplore, (ii) a Xplore authorised service provider, or
(iii) your own installation of end-user replaceable Xplore or Xplore-
approved parts; or
• loss caused by fire, water (liquid spillage or ingression), theft, vermin
or insect infestation.
Limitation of Liability
Except as otherwise provided in this Warranty, if Xplore becomes liable to you
under this Warranty or pursuant to any Mandatory Laws, that liability is lim-
ited to the maximum extent permitted by law, including without limitation,
64A of Schedule 2 of the Australian Consumer Law. To the extent that Xplore
is legally entitled to avail itself of such limitation, Xplore’s liability is limited to,
at the election of Xplore in its absolute discretion, either:
(a) in the case of goods:
(i) the replacement of the goods;
(ii) the payment of the cost of replacing the goods; and
(b) in the case of services:
(i) the supplying of the services again;
(ii) the payment of the cost of having the services supplied again.
Software Technical Support
Software technical support is defined as assistance with questions and issues
about the software that was either preinstalled by Xplore on the Motion by
Xplore product or that was included with the Xplore branded product at the
time of your purchase or lease of the product. Technical support for software
is available under this Limited Warranty for the duration of your warranty
period. Your dated sales or delivery receipt, showing the date of purchase or
lease of the product, is your proof of the purchase or lease date. You may be
required to provide proof of purchase or lease as a condition of receiving soft-
ware technical support. After the first ninety (90) days, technical support for
software that was either preinstalled by Xplore on the Motion by Xplore prod-
uct or included with the Motion by XPlore product at the time of your pur-
chase or lease of the product is available for a fee.
What you need to do to be entitled to claim under this Limited Warranty:
1. Provide proof or purchase or lease. (Your dated sales or delivery
receipt, showing the date of purchase or lease of the product, is your
proof of the purchase or lease date.)
2. Be the original purchaser or lessee of this Motion by Xplore product.
3. Submit your claim to your local distributor or reseller without undue
delay after detection of the defect and in any event within the Lim-
ited Warranty Period.
How to make a claim under this Limited Warranty:
1. Contact your local distributor or reseller and provide your contact
information, such as phone number, e-mail address and other infor-
mation (such as serial number or fault description). You may also con-
tact Xplore directly at www.motioncomputing.com/support.
2. If Xplore determines that you have a valid claim under this Limited
Warranty, Xplore or its authorised representatives will repair, replace
or refund the Motion by Xplore product at Xplore’s sole discretion
and in accordance with this Limited Warranty.
3. Except as set out in this Warranty, Xplore will bear the expense of a
valid claim under brought under this Warranty. If you wish to claim
expenses under this Limited Warranty, contact your local distributor
or reseller.
The information in this publication is subject to change without notice.
XPLORE TECHNOLOGIES CORPORATION OF AMERICA SHALL NOT BE HELD
LIABLE FOR TECHNICAL OR EDITORIAL ERRORS OR OMISSIONS CONTAINED
HEREIN NOR FOR ACCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM THE FURNISHING, PERFORMANCE, OR USE OF THIS MATERIAL.